§ 137 — Small business stationary source ombudsman program

§ 137. Small business stationary source ombudsman program. 1. There\nis hereby established within the division for small businesses a small\nbusiness stationary source ombudsman program. The primary purpose of the\nsmall business stationary source ombudsman program is to represent small\nbusiness stationary sources on issues relating to compliance with the\nfederal Clean Air Act, 42 U.S.C. Section 7401 et seq. as amended by\nPublic Law 101-549, November fifteenth, nineteen hundred ninety,\nhereinafter referred to as the "Act", and to refer small business\nstationary sources to appropriate entities for assistance in compliance\nwith article nineteen of the environmental conservation law and the Act.\nFor purposes of this section a small business stationary source shall\nhave the same meaning as in section 19-0313 of the environmental\nconservation law.\n 2. The department shall, through the small business stationary source\nombudsman program, perform all functions necessary to implement the\nrequirements of section 7661f of the Act including:\n a. soliciting input from small business stationary sources regarding\ncompliance with the Act and article nineteen of the environmental\nconservation law, including interacting with organizations representing\nsmall businesses such as trade associations or other entities;\n b. participating in, and facilitating and promoting the participation\nof small business stationary sources in the development and\nimplementation of rules and regulations adopted pursuant to article\nnineteen of the environmental conservation law;\n c. participating in, and sponsoring meetings with the department of\nenvironmental conservation, local air pollution control agencies,\nindustry groups and small business representatives;\n d. providing guidance and recommendations to the department of\nenvironmental conservation on the development, content and operation of\nthe small business stationary source technical and environmental\ncompliance assistance program as created by section 19-0313 of the\nenvironmental conservation law;\n e. distributing to small business stationary sources information and\nmaterials on the requirements of the Act and article nineteen of the\nenvironmental conservation law;\n f. reporting to the small business stationary source compliance\nadvisory panel as established pursuant to section 19-0315 of the\nenvironmental conservation law on any problems or difficulties\nexperienced by small business stationary sources in complying with\narticle nineteen of the environmental conservation law and the Act,\nincluding the degree and severity of enforcement;\n g. aiding in the investigation and resolution of complaints and\ndisputes from small business stationary sources against the department\nof environmental conservation and local air pollution control\nauthorities;\n h. conducting periodic evaluations of all aspects of the small\nbusiness stationary source technical and environmental compliance\nassistance program as identified under section 19-0313 of the\nenvironmental conservation law including reviewing the work and services\nof the program with trade associations and representatives of small\nbusiness;\n i. reviewing and providing comments and recommendations to the United\nStates environmental protection agency and the department of\nenvironmental conservation regarding the development and implementation\nof regulations that impact small business stationary sources;\n j. arranging for and assisting in the preparation of guidance\ndocuments by the small business stationary source technical and\nenvironmental compliance assistance program as required pursuant to\nsection 19-0313 of the environmental conservation law to ensure that the\nlanguage is readily understandable by the lay person;\n k. referring small business stationary sources to specialists for\ninformation and assistance on affordable alternative technologies,\nprocess changes, products and operational methods to help reduce air\npollution;\n l. providing information to small business stationary sources on\nstate-sponsored programs offering financial and technical assistance,\nand in locating sources of funding for compliance with the requirements\nof article nineteen of the environmental conservation law and the Act;\nand\n m. establishing procedures for assuring the confidentiality of\ninformation received from small business stationary sources.\n 3. The provisions of article six of the public officers law shall not\napply to records containing information supplied by small business\nstationary sources pursuant to the provisions of this section.\n